BUTRU SINGH MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 19.06.2000 passed by the learned Additional Sessions Judge, II, Seraikella, in S.T. No. 41 of 1997, whereby the above named appellant has been found guilty and convicted and sentenced to undergo rigorous imprisonment for seven years under Section 376 of the Indian Penal Code.

(2.) The prosecution case is in brief, as stated in the F.I.R. of victim girl is that on 26.07.1996 at mid day, she was alone in her house and her mother had gone to the field to work and her father had gone to Kukaru Market. In the meantime her neighbour Butru Singh Munda entered into her house and finding her alone committed rape on her. It is further submitted that she is a disabled girl and therefore, she could not resist in spite of her will. It is further submitted that in spite of the alarm raised by her no body turned up. Thereafter, hearing her alarm her younger sister Kiran Bala came running there and seeing her Butru Sing Munda fled away. When her parents returned home she narrated the entire incident to them. On the basis of the statement a case under Section 376 I.P.C. was registered and after completion of the investigation the charge sheet under Section 376 I.P.C. was submitted.

(3.) The prosecution in all has examined six witnesses, in this case, namely, Kiran Bala P.W.1, Biska, P.W.2, victim, P.W.3, Saryug Mahato, P.W.4, Gopal Chandra Das P.W.5, and lastly Bibha Saran P.W.6.